§ 18-125. Application to preservation commission for certificate of appropriateness.

(a)

Approval of material change in appearance in historic districts or involving historic properties: After the designation by ordinance of a historic property of a historic district, no material change in the appearance of such historic property, or of a contributing or noncontributing building, structure, site or object within such historic district, shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the commission. A building permit shall not be issued without a certificate of appropriateness.

(b)

Submission of plans to commission: An application for a certificate of appropriateness shall be accompanied by drawings, photographs, plans and documentation required by the commission.

(c)

Interior alterations: In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effect on exterior architectural features.

(d)

Technical advice: The commission shall have the power to seek technical advice from outside its members on any application.

(e)

(1)

Public hearings on applications for certificates of appropriateness, notices, and right to be heard: The commission shall hold a public hearing at which each proposed certificate of appropriateness is discussed. Notice of the hearing shall be published in the newspaper of local circulation in the city or county and written notice of the hearing shall be mailed by the commission to all owners and occupants of the subject property. The written and published notice shall be provided in the same manner and time frame as notices are provided before a public hearing for rezoning.

(2)

At least seven days prior to reviewing a design review application for a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected materially by the application and shall give the applicant and such owners an opportunity to be heard. The commission shall also post notice in the form of a sign in a conspicuous place on the property in question.

(3)

The commission shall give the property owner and/or applicant an opportunity to be heard at the certificate of appropriateness hearing.

(f)

Acceptable commission reaction to applications for certificate of appropriateness: Commission action: The commission may approve the certificate of appropriateness as proposed, approve the certificate of appropriateness with any modifications it deems necessary, or reject it.

(1)

The commission shall approve the application and issue a certificate of appropriateness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic, or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the following criteria for each of the following acts:

a.

Reconstruction, alteration, new construction or renovation: The commission shall issue certificates of appropriateness for the above proposed actions if those actions conform in design, scale, building materials, setback and site features, and to the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

b.

Relocation: A decision by the commission approving or denying a certificate of appropriateness for the relocation of a building, structure, or object shall be guided by:

1.

The historic character and aesthetic interest the building, structure or object contributes to its present setting.

2.

Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be.

3.

Whether the building, structure or object can be moved without significant damage to its physical integrity.

4.

Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure, site or object.

c.

Demolition: A decision by the commission approving or denying a certificate of appropriateness for the demolition of buildings, structures, sites, tress judged to be 50 years old or older, or objects shall be guided by:

1.

The historic, scenic or architectural significance of the building, structure, site, tree or object.

2.

The importance of the building, structure, site, tree, or object to the ambiance of a district.

3.

The difficulty or the impossibility of reproducing such a building, structure, site, tree, or object because of its design, texture, material, detail, or unique location.

4.

Whether the building, structure, site, tree, or object is one of the last remaining examples of its kind in the neighborhood or the city/county.

5.

Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be.

6.

Whether reasonable measures can be taken to save the building, structure, site, tree, or object from collapse.

7.

Whether the building, structure, site, tree, or object is capable of earning reasonable economic return on its value.

(g)

Undue hardship: When, by reason of unusual circumstances, the strict application of any provision of this article would result in the exceptional practical difficulty or undue economic hardship upon any owner of a specific property, the commission, in passing upon applications, shall have the power to vary or modify strict provisions, so as to relieve such difficulty or hardship; provided such variances, modifications interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the property, shall be conserved and substantial justice done. In granting variances, the commission may impose such reasonable and additional stipulations and conditions as will, in its judgement, best fulfill the purpose of this article. An undue hardship shall not be a situation of the person's own making.

(h)

Deadline for approval or rejection of application for certificate of appropriateness:

(1)

The commission shall approve or reject an application for a certificate of appropriateness within 45 days after the filing thereof by the owner or occupant of a historic property, or of a building structure, site, or object located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial of a certificate of appropriateness shall be sent by United States mail to the applicant and all other persons who have requested such notice in writing filed with the commission.

(2)

Failure of the commission to act within said 45 days shall constitute approval, and no other evidence of approval shall be needed.

(i)

Necessary action to be taken by commission upon rejection of application for certificate of appropriateness:

(1)

In the event the commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

(2)

In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the application for a certificate of appropriateness by the commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such a case, no building permit shall be issued.

(j)

Requirement of conformance with certificate of appropriateness:

(1)

All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the commission shall issue a cease and desist order and all work shall cease.

(2)

The Commission and the City Council of Union Point shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article or to prevent any illegal act or conduct with respect to such historic property or historic district.

(k)

Certificate of appropriateness void if construction not commenced: A certificate of appropriateness shall become void unless construction is commenced within six months of date of issuance. Certificate of appropriateness shall be issued for a period of 18 months and are renewable.

(l)

Recording an application for certificate of appropriateness: The commission shall keep a public record of all applications for certificates of appropriateness, and or all the commission's proceedings in connection with said application.

(m)

Acquisition of property: The commission may, where such action is authorized by the City Council of Union Point and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein.

(n)

Appeals: Any person adversely affected by any determination made by the commission relative to the issuance or denial of a certificate of appropriateness may appeal such determination to the City Council of Union Point. Any such appeal must be filed with the City Council of Union Point within 15 days after the issuance of the determination pursuant to subsection (h)(1) or, in the case of a failure of the commission to act, within 15 days of the expiration of the 45-day period allowed for the commission action, subsection 18-125(h)(2) of this article. Appeals for properties within the City of Union Point shall be made to the City Council of Union Point. The City Council of Union Point may approve, modify, or reject the determination made by the commission, it the governing body finds that the commission abused its discretion in reaching its decision. Appeals from decisions of the City Council of Union Point may be taken to the Superior Court of Greene County in the manner provided by law for appeals from conviction for the City of Union Point ordinance violations.

(Ord. of 7-12-2005, § V; Amend. of 11-10-2009, § 1(Exh. A))